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UNITED STATES v. INTERNATIONAL LONGSHOREMEN'S ASSN

October 16, 1968

UNITED STATES of America, Plaintiff,
v.
INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO, et al., Defendants



The opinion of the court was delivered by: RYAN

FINDINGS OF FACT AND CONCLUSIONS OF LAW

 RYAN, District Judge.

 This cause having come on for hearing on the application of plaintiff, the United States of America, for a preliminary injunction, as prayed for in its verified complaint, and the Court having considered all evidence submitted herein, the pleadings, memoranda of law, and argument of counsel, makes the following Findings of Fact and Conclusions of Law with respect to said application:

 FINDINGS OF FACT

 1. On September 30, 1968, collective bargaining agreements between the defendant unions (International Longshoremen's Association, AFL-CIO, Atlantic Coast District, ILA, South Atlantic and Gulf Coast District, ILA), hereinafter referred to as the defendant ILA, and the defendant employers (or associations by which such employers are represented in collective bargaining conferences) who are (1) steamship companies or who are engaged as operators or agents for ships engaged in service from or to Atlantic and Gulf Coast ports from Searsport, Maine, to Brownsville, Texas, or from or to other ports of the United States or its territories or possessions, (2) contracting stevedores, (3) contracting marine carpenters, or (4) other employers engaged in related or associated pier activities, and certain of their employees represented by the ILA, were due to expire. Despite intensive negotiations unresolved labor disputes threatened to result in a strike or lock-outs by the defendants, which strike or lock-outs would idle all members of the defendant ILA on the Atlantic and Gulf Coasts.

 2. On September 30, 1968, the President of the United States acting under the provisions of Section 206 of the Labor-Management Relations Act, 1947 (29 U.S.C. ยง 176) (hereinafter referred to as the "Act"), issued Executive Order No. 11431 (33 F.R. 14697), whereby he appointed a Board of Inquiry to inquire into the issues in said labor disputes. In said Executive Order, the President expressed the opinion that such disputes had resulted in a threatened strike affecting a substantial part of the maritime industry, an industry engaged in trade, commerce, transportation, transmission or communication among the several States and with foreign nations, and which threatened strike would, if permitted to occur, imperil the national health and safety.

 3. On October 1, 1968, 12:01 a.m., negotiations having failed to resolve said labor disputes, the defendant ILA went on strike at all ports along the Atlantic and Gulf Coast.

 4. The Board of Inquiry appointed by the President convened on the morning of October 1, 1968, and inquired into the issues involved in the disputes, and on the same day rendered its written report to the President.

 5. After receipt of the report, the President, on October 1, 1968, directed the Attorney General, pursuant to the provisions of Section 208 of the Act, to petition in the name of the United States any district court of the United States having jurisdiction of the parties to enjoin the continuance of such strike and for such other relief as may be necessary or appropriate.

 6. Thereupon, on October 1, 1968, the Attorney General brought this action under the National Emergencies provisions of the Act (Section 206-210) on behalf of the United States of America against the following named defendants, to wit:

 
The New York Shipping Association,
 
Portland Shipping Association,
 
Providence, Rhode Island, Shipping Association,
 
The Steamship Trade Association of Baltimore, Inc.,
 
The Boston Shipping Association, Inc.,
 
The Philadelphia Marine Trade Association,
 
The Hampton Roads Maritime Association, Inc.,
 
South Atlantic Steamship Association, Miami Steamship Association,
 
Mobile Steamship Association, Inc., New Orleans Steamship Association, J. Ross Dunn, Galveston, Texas,
 
New Bedford Stevedoring Corporation,
 
Harbor Carriers of the Port of New York
 
(Lighterage Division),
 
Baton Rouge Steamship Association, and
 
Pensacola Steamship Association
 
(hereinafter referred to as the ...

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